Skip to main content

Constitutional Law-1-Assignment 1-Part B - Salient Features of the Indian Constitution: Supremacy and Importance

 Salient Features of the Indian Constitution: Supremacy and Importance

1. Introduction

The Constitution of India is the supreme law of the country, providing the framework for governance, the rights of citizens, and the responsibilities of the government. Adopted on 26th November 1949 and enforced on 26th January 1950, it establishes India as a sovereign, socialist, secular, and democratic republic.

The Indian Constitution is unique because it is comprehensive, flexible yet rigid, and adaptable to changing times. It draws inspiration from various other constitutions worldwide but is carefully structured to meet the social, economic, and political needs of India.

📌 Definition:
✔️ A constitution is a fundamental legal document that defines the organization, structure, and powers of government institutions and the rights and duties of citizens.
✔️ The Indian Constitution is the longest written constitution in the world and serves as the foundation for the nation’s legal and political system.

💡 Example:
The Constitution provides fundamental rights like the right to equality (Article 14), freedom of speech (Article 19), and protection from exploitation (Article 23), ensuring fairness and justice for all.

2. Salient Features of the Indian Constitution

The Indian Constitution has several key features that make it unique and suitable for the country’s governance.

1. Written and Comprehensive Constitution

✔️ The Indian Constitution is the longest written constitution in the world, with 470 Articles, 25 Parts, and 12 Schedules (as of the latest amendments).
✔️ It covers every aspect of governance, including the roles of the executive, legislature, and judiciary, along with citizen rights, duties, and government policies.
✔️ It provides detailed guidelines on central, state, and local governance to prevent conflicts and ensure smooth administration.

2. Parliamentary System of Government

✔️ India follows a parliamentary democracy, where the President is the constitutional head, but the real power lies with the Prime Minister and the Council of Ministers.
✔️ The executive is responsible to the legislature, ensuring a system of checks and balances.
✔️ The bicameral legislature consists of:

  • Lok Sabha (House of the People) – Elected directly by the citizens.
  • Rajya Sabha (Council of States) – Represents states and union territories.

3. Federal System with Unitary Features

✔️ India follows a federal structure, where power is divided between the Central and State governments.
✔️ However, in times of emergency, India becomes a unitary state, with more power shifting to the Central government.
✔️ The Seventh Schedule of the Constitution provides three lists for power distribution:

  • Union List (Central government powers) – Defense, foreign affairs, banking, etc.
  • State List (State government powers) – Police, public health, agriculture, etc.
  • Concurrent List (Both governments share powers) – Education, marriage, labor laws, etc.

4. Fundamental Rights and Duties

✔️ Fundamental Rights (Articles 12-35) guarantee the protection of individual freedoms and prevent government overreach.
✔️ These rights include Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
✔️ Fundamental Duties (Article 51A) were added by the 42nd Amendment Act, 1976, reminding citizens of their responsibilities, like respecting the Constitution, promoting harmony, and protecting the environment.

5. Directive Principles of State Policy (DPSP)

✔️ Articles 36-51 contain Directive Principles, which are guidelines for the government to achieve social, economic, and political justice.
✔️ These are not legally enforceable, but they help in policymaking and governance.
✔️ Some important DPSPs include equal pay for equal work, the promotion of international peace, the right to education, and the improvement of public health.

6. Independent and Powerful Judiciary

✔️ The Indian Judiciary is independent of the executive and legislature, ensuring fairness and justice.
✔️ The Supreme Court, High Courts, and lower courts have the power of judicial review to strike down unconstitutional laws.
✔️ Courts play a crucial role in protecting fundamental rights and maintaining the rule of law.

7. Secularism – Equal Respect for All Religions

✔️ The Indian Constitution guarantees religious freedom to all citizens and does not promote any particular religion.
✔️ Articles 25-28 ensure that individuals can profess, practice, and propagate their religion freely.
✔️ The government cannot discriminate based on religion, ensuring harmony and equality.

8. Universal Adult Franchise and Elections

✔️ Every Indian citizen above 18 years has the right to vote under Article 326, ensuring a democratic process.
✔️ Free and fair elections are conducted by the Election Commission of India, an independent body.
✔️ The Constitution provides for regular elections at central, state, and local levels to maintain democracy.

9. Emergency Provisions – Protection in Crisis

✔️ The Constitution provides for three types of emergencies:

  • National Emergency (Article 352) – In case of war or external aggression.
  • State Emergency (President’s Rule) (Article 356) – If a state government fails to function properly.
  • Financial Emergency (Article 360) – If the country faces a financial crisis.
    ✔️ These provisions allow the central government to take strict actions in times of crisis while ensuring national security and stability.

10. Protection for Weaker Sections – Social Justice

✔️ The Constitution provides special provisions for the upliftment of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
✔️ Reservations in education, employment, and legislatures help in reducing social inequalities.
✔️ Articles 330, 332, and 335 focus on providing opportunities for disadvantaged communities.

3. Supremacy of the Indian Constitution

The Indian Constitution is the highest law of the land, meaning:
✔️ All laws, policies, and government actions must conform to the Constitution.
✔️ The judiciary has the power to review and strike down laws that violate constitutional provisions.
✔️ No individual, government, or institution is above the Constitution.
✔️ Even Parliament cannot amend the Constitution’s basic structure, ensuring stability and justice.
1. Supremacy Over the Government
✔️ The legislative, executive, and judicial branches of government must function within constitutional limits.
✔️ Any law passed by Parliament or a State Legislature that contradicts the Constitution can be declared null and void.
✔️ The President, Governors, and all officials take an oath to uphold the Constitution.
2. Supremacy Over Parliament
✔️ While Parliament has the power to amend the Constitution, it cannot change its basic structure.
✔️ The Basic Structure Doctrine prevents fundamental changes that could harm democracy, federalism, or individual rights.
3. Judicial Supremacy and Role of the Supreme Court
✔️ The Supreme Court is the guardian and interpreter of the Constitution.
✔️ The power of judicial review allows the courts to strike down unconstitutional laws.
✔️ The fundamental rights of citizens are protected by the Supreme Court and High Courts.
💡 Example:
 ✔️ If the Parliament passes a law restricting freedom of speech, the Supreme Court can declare it unconstitutional under Article 19.
✔️ In case of conflict between state and central laws, the Supreme Court's decision is final.
4. Constitutional Amendments and the Supremacy of the Basic Structure
✔️ The Constitution can be amended to adapt to changing times, but some core principles remain unchanged.
✔️ The Kesavananda Bharati case (1973) established that the basic structure of the Constitution cannot be altered, ensuring its supremacy.

4. Importance of the Indian Constitution

The Indian Constitution plays a crucial role in the country’s governance and development.
1. Ensures Democracy and Governance
✔️ Provides a framework for free and fair elections, ensuring that citizens can choose their representatives.
✔️ Defines the powers and responsibilities of the President, Prime Minister, Governors, and other officials.
✔️ Establishes the three branches of government (Legislative, Executive, and Judiciary) for smooth administration.
2. Protection of Fundamental Rights
✔️ The Constitution guarantees six fundamental rights, including right to equality, freedom of speech, right to education, and protection from exploitation.
✔️ Any violation of fundamental rights can be challenged in the Supreme Court or High Court under Article 32 and Article 226.
3. Maintains Unity in Diversity
✔️ India is a country with multiple languages, religions, cultures, and traditions.
✔️ The Constitution ensures equal treatment of all citizens, preventing discrimination based on religion, caste, gender, or place of birth.
✔️ It allows states to have their own languages and policies, promoting regional autonomy while ensuring national unity.
4. Provides a Framework for Social Justice
✔️ The Constitution promotes social justice by granting special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
✔️ Reservation policies in education, employment, and politics ensure equal opportunities for marginalized communities.
✔️ Articles 330, 332, and 335 provide constitutional safeguards for weaker sections.
5. Economic Development and Welfare of Citizens
✔️ The Directive Principles of State Policy (DPSP) guide governments in making laws that promote economic justice and social welfare.
✔️ Provides for welfare schemes like Right to Education (RTE), National Rural Employment Guarantee Act (NREGA), and Mid-Day Meal Scheme.
✔️ Encourages the development of industries, trade, and agriculture to improve India’s economic growth.
6. Preserves National Security and Sovereignty
✔️ The Indian Constitution protects the sovereignty of India by empowering the government to take necessary actions in case of:
  • War or external aggression (Article 352 - National Emergency).
  • Breakdown of constitutional machinery in a state (Article 356 - President’s Rule).
  • Financial crisis (Article 360 - Financial Emergency).
  • ✔️ These provisions ensure that India remains stable and secure in times of crisis.
7. Guarantees Transparency and Accountability
✔️ Ensures that public institutions, government policies, and officials remain accountable to the people.
✔️ The Right to Information Act (RTI), Lokpal, and anti-corruption laws were enacted under constitutional principles.

5. Conclusion

✔️ The Indian Constitution is the backbone of the nation’s governance.
✔️ Its salient features ensure a strong democracy, protection of rights, and social justice.
✔️ Constitutional supremacy ensures that all laws and policies conform to the highest legal authority.
✔️ The importance of the Constitution is seen in its role in guiding governance, ensuring equality, and maintaining national unity.

Thus, the Indian Constitution is not just a legal document but a living entity that adapts to the country’s needs while preserving democracy and justice.


Labels:

Comments

Post a Comment

Popular posts from this blog

Contracts 1-Assignment 1-Part A - Agreement

Agreement  1. Introduction An agreement is a mutual understanding between two or more parties regarding their rights and obligations. It is the foundation of a contract and is formed when one party makes an offer and the other accepts it. 📌 Definition : According to Section 2(e) of the Indian Contract Act, 1872 , an agreement is “every promise and every set of promises forming the consideration for each other.” 📌 Abbreviation & Meaning : Agreement (Agrmt.) : A negotiated and legally recognized understanding between parties. Contract vs. Agreement : Every contract is an agreement, but not all agreements are contracts. A contract becomes legally enforceable, whereas an agreement may or may not have legal binding. 2. Explanation For an agreement to be valid, it must include: ✅ Offer and Acceptance – One party must make an offer, and the other must accept it. ✅ Consideration – Something of value must be exchanged. ✅ Mutual Consent...
Post a Comment
Read more

Contracts 1-Assignment 1-Part A - Voidable Contract

Voidable Contract 1. Introduction A voidable contract is a valid contract that one or both parties can either enforce or void due to certain legal defects. Unlike a void contract, which is unenforceable from the beginning, a voidable contract remains valid until it is legally rescinded by the affected party. 📌 Definition: According to Section 2(i) of the Indian Contract Act, 1872, a voidable contract is “an agreement which is enforceable by law at the option of one or more parties, but not at the option of the other(s).” 📌 Abbreviation & Meaning: Voidable Contract (V.C.): A contract that is initially valid but can be canceled under specific conditions. Void vs. Voidable: A void contract is legally unenforceable, whereas a voidable contract is enforceable unless the aggrieved party chooses to rescind it. 2. Explanation A contract may become voidable due to the following factors: ✅ Coercion – If one party forces the other to enter the cont...
Post a Comment
Read more